Prompt Change Urged in Va. Fees
Bad-Driver Law A Bust, AAA Says

By Tim Craig
Washington Post Staff Writer
Friday, August 24, 2007

RICHMOND, Aug. 23 -- The top Republicans in the General Assembly tried to salvage Virginia's abusive-driver fees Thursday by pledging to overhaul the law when the legislature convenes in January, but the nation's leading motorist advocacy group is warning lawmakers that they may have to act sooner if they want to regain trust.

AAA Mid-Atlantic urged lawmakers to consider a special session this fall to deal with the fees, which also are backed by Gov. Timothy M. Kaine (D).

"I think motorists are saying they want quick action on this," said John B. Townsend II, manager of public and government affairs for AAA Mid-Atlantic. "The fees have been a lightning rod for criticism from day one, and the chances are they will remain a lightning rod for controversy. I think the motorists of Virginia have said they are outraged."

Responding to the uproar over the fees, House Speaker William J. Howell (R-Stafford) and Senate Majority Leader Walter A. Stosch (R-Henrico) promised to rewrite the abusive-driver law.

They said the new bill would limit the traffic offenses that trigger the fees, which range from about $750 to $3,000. It also would extend the law to cover out-of-state motorists and give judges greater discretion to waive a fee for those driving on a suspended license for failure to pay an earlier charge.

Even with the withering criticism, Howell and Stosch say they are standing by the concept of the fees, because they believe the fines have made highways safer since they went into effect July 1.

Between July 1 and Aug. 1, state police issued 23 percent fewer reckless-driving citations and 11 percent fewer speeding tickets than the previous year, Howell said. There were also 88 traffic fatalities in July, compared with 94 during the same period last year, according to state police.

"Many citizens believe the fees are unnecessarily harsh and do not fit the crime. That can and will be fixed," Stosch said. "But lost in that discussion has been the safety factor. Will our highways be safer because of this law? . . . There are some early indictors they will."

AAA, which has 835,000 members in Virginia, initially supported the fees, a stance it reiterated as recently as last month. But Townsend said AAA now believes "it's clear the fees cannot continue as is."

If a special session is not held, Townsend said, the Republican majority could be threatened in the November election, when all 140 seats of the legislature are on the ballot.

Some Democrats, as well as some anti-tax activists, say the fees are unconstitutional, unfairly target the poor and turn Virginia police into tax collectors. More than 170,000 people have signed an online petition calling for the fees to be repealed before Election Day or they will oust the lawmakers who supported them.

"Virginians don't like the law, period," Townsend said.

Howell and Stosch maintain that the legislature can eradicate the concerns in January.

They said they plan to eliminate the fees for many traffic offenses, such as failing to report an accident or driving without insurance. They also vowed to revamp the state's reckless-driving law, which can trigger a fee, so that fewer motorists are cited for the offense. Currently, all misdemeanor and felony traffic offenses are subject to the fees. That does not include common speeding infractions, but it does include driving more than 20 mph over the limit.

After the overhaul, the fees would still apply to the most serious traffic offenses, such as driving under the influence and felony reckless driving.

"We are going to concentrate on serious crimes," Howell said.

If the General Assembly removes some traffic offenses from the law, Virginia will issue refunds to anyone who has already paid fees for those offenses.

The fees, which are supported by Mothers Against Drunk Driving, currently apply only to Virginia drivers, but GOP leaders want to extend them to out-of-state motorists. Del. David B. Albo (R-Fairfax) said Virginia might expect other states to suspend the licenses of residents who incur a fee in Virginia but do not pay it.

Maryland Senate President Thomas V. Mike Miller Jr. (D-Calvert) said he doubts that Maryland would cooperate because Virginia's fees are too steep.

"I can't imagine Marylanders being forced to pay an exorbitant fee to fund Virginia roads when they may just passing through," said Miller, who added, "Virginia should have enough courage to tie the funding source for roads to a gas tax."

The fees, expected to generate $65 million a year, are part of a plan to raise $1 billion annually to pay for transportation projects without a statewide tax increase.

Howell and Stosch stressed that the fees are also about highway safety. They said Michigan, which implemented similar fees in 2003, has experienced a 12 percent reduction in traffic fatalities since the fines took effect. Howell predicts similar gains in Virginia. But Texas, which has had such fees since 2003, recorded the nation's largest increase in drunken-driving deaths in 2006, according to the National Highway Traffic Safety Administration.

A growing number of GOP lawmakers and officials are concerned that the fees are hurting the party's image.

David Hunt, a Republican candidate for a House of Delegates seat in McLean, said that, if elected, he will sponsor a bill to repeal the fees.

"I think clearly the General Assembly and governor didn't do their homework," Hunt said. "People can make mistakes. Now is the time to fix it."

Kevin Hall, a Kaine spokesman, said "the governor continues to believe January is the best time to address residents' concerns about abuser fees."